Our Alberta Estate Litigation Lawyers are Experienced in All Aspects of Will Challenges
In order for a last will and testament to be valid in Alberta, it must meet strict formal requirements.
Challenging a Will for Testamentary Capacity
The person making the will must have the required mental capacity to understand the nature of what they are doing. This is known as “Testamentary Capacity.” In order for a person to be deemed to have testamentary capacity, they must be sufficiently clear on their own understanding and memory to know in a general way:
- the nature and extent of her property,
- the persons who are the natural beneficiaries of her assets, and
- the testamentary provisions she is making; and
- must be capable of appreciating the above factors in relation to each other to form an orderly desire as to the disposition of her property.
This does not mean that anyone with memory issues or a mental disability is unable to make a will. Each case is fact specific and evidence from friends, family, physicians and others can be used to challenge or support testamentary capacity.